Matter of M. (Anonymous), Alfredo X.; Dutchess County
Motion No: 2015-01790
Slip Opinion No: 2015 NY Slip Op 68722(U)
Decided on April 1, 2015
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M189588

E/ct

2015-01790

In the Matter of Alfredo X. M. (Anonymous).

Dutchess County Department of Community and

Family Services, petitoner-appellant; Henry E.

M. (Anonymous), respondent-appellant.

(Docket No. B-6207-13)

SCHEDULING ORDER

Separate appeals by Dutchess County Department of Community and Family Services and Henry E. M. from an order of the Family Court, Dutchess County, dated January 21, 2015. Pursuant to § 670.4(a) of the Rules of this Court (22 NYCRR 670.4[a]), it is

ORDERED that Dutchess County Department of Community and Family Services shall perfect its appeal in the above-entitled proceeding within 60 days after the receipt of the transcripts of the minutes of the proceedings in the Family Court, and shall notify this Court by letter of the date the transcripts are received, or, if there are no minutes of proceedings to be transcribed, within 60 days of the date of this scheduling order; and it is further,

ORDERED that within 30 days after the date of this scheduling order, Dutchess County Department of Community and Family Services shall file in the office of the Clerk of this Court one of the following:

(1) an affidavit or affirmation stating that there are no minutes of the Family Court proceedings to be transcribed for its appeal; or

(2) if there are such minutes, an affidavit or affirmation that the transcript has been received, and indicating the date that it was received; or

(3) if the transcript has not been received, an affidavit or affirmation stating that it has been ordered and paid for, the date thereof and the date by which the transcript is expected; or

(4) an affidavit or an affirmation withdrawing its appeal; and it is further,

ORDERED that if none of the actions described in (1), (2), (3), or (4) above has been taken within 30 days of the date of this scheduling order, the Clerk of the Court shall issue an order to all parties to the appeals to show cause why the appeal by Dutchess County Department of Community and Family Services should or should not be dismissed.

ENTER:

Aprilanne Agostino

Clerk of the Court

The Case Manager assigned to this case is Mr. Rose. Please contact her at 718-722-6487 with any questions.